Protest of Contract Award and Claim for Proposal Preparation Costs

B-192193: Feb 9, 1979

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Antenna Products, a division of DHV, Inc. protested the Department of Navy's award of a procurement to Technology for Communication International due to its failure to read and record it's alternate bid on the first step of a two-step advertised procurement. In addition, DHV objected and refused to respond to a Navy request for information which would enable Navy to conduct a technical re-evaluation of the procurement. DHV argued that, because it was initiated after award, it represented a blatant attempt by Navy to cover an obvious irregularity in its procurement practices. It did appear that after the protest was lodged Navy became aware of the fact that it had not paid proper attention to the protester's first step alternative proposal. Navy then attempted to correct the situation by providing the protester with an opportunity to furnish the additional information deemed necessary to make the proposal acceptable. The protester's refusal to furnish the requested information left the Naval Supply Center with no alternative but to proceeded with the original reward.